Independent Commissioner Against Corruption Act 2017

(1) The object of this Act is to address wrongdoing in, or connected with, public administration by:

(b) improving public confidence that improper conduct will be detected and dealt with appropriately; and

(c) providing mechanisms to deal with improper conduct when it occurs.

(b) by conferring functions in relation to improper conduct on the ICAC and on referral entities; and

(c) by providing incentives and reducing disincentives to persons, to assist in the detection, reporting, investigation, prosecution and prevention of improper conduct; and

(d) by protecting persons who put themselves at risk of harm by exposing or reporting improper conduct; and

(e) by requiring the ICAC to help public bodies to prevent, and to identify and deal effectively and appropriately with, improper conduct.

(3) For subsection (2)(a), the primary purpose of establishing the ICAC is to augment the Territory's existing framework for responding to improper conduct by providing for the ICAC to:

(a) investigate the most serious, systemic and sensitive improper conduct; and

(b) ensure that other improper conduct is dealt with, either by an appropriate existing entity or, if the ICAC considers it appropriate, by the ICAC; and

(c) coordinate a response to improper conduct when multiple entities have jurisdiction in relation to the matter; and

(d) refer information and evidence for the prosecution of offences involving improper conduct.

(a) primarily empowers the ICAC to investigate cases of corrupt conduct and anti-democratic conduct; and

(b) empowers the ICAC to refer cases of misconduct and unsatisfactory conduct to referral entities to investigate.

Note for section 3

For improper conduct – see section 9.

In this Act:

acting in an official capacity, in relation to a person, means the person is performing functions under, or otherwise related to the administration of, this Act.

anti-democratic conduct, see section 15.

Assembly Committee means the committee (if any) designated under section 5.

associated entity, see section 176 of the Electoral Act 2004.

authorised officer means:

breach of public trust, see section 13.

claimant, for Part 5, Division 2, see section 84.

claimant's representative, for Part 5, Division 2, see section 84.

Clerk, for Part 5, Division 2, see section 84.

closed session, for Part 5, Division 1, see section 78.

conduct means an act or an omission to perform an act.

conflict of interest, see section 10(6).

connected to public affairs, in relation to conduct, means:

(a) conduct in the course of, or closely related to, the performance of official functions, including conduct engaged in otherwise than in the performance of official functions that adversely affects or could adversely affect, directly or indirectly, the honest, impartial or effective performance of those functions; or

(b) conduct that affects the use, allocation or receipt of public resources to which a public officer has access in connection with being a public officer; or

(c) conduct involving the use of authority or perceived authority that a person has as a result of being a public officer or representing themselves as a public officer.

corrupt conduct, see section 10.

engage in conduct means:

engage in retaliation, see section 95.

examination means an examination under section 34 for an investigation.

function includes duty and power.

general report, see section 48(1).

give evidence includes answer a question, give information and produce an item.

harm:

(iii) discrimination, disadvantage or adverse treatment (including disciplinary action), in relation to employment, career, profession, trade or business; or

Health Complaints Commissioner means the Commissioner for Health and Community Services Complaints referred to in section 9 of the Health and Community Services Complaints Act 1998.

health practitioner means:

(b) a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student).

ICAC means the Independent Commissioner Against Corruption established by section 17.

ICAC Minister means the minister administering this Act.

identifying information means information identifying, or tending to identify, a protected person.

IEC Act means the Integrity and Ethics Commissioner Act 2025.

improper conduct, see section 9.

independent entity means any of the following:

(e) a board, commission, tribunal or other body established under an Act that has judicial or quasi-judicial functions in the performance of its deliberative functions;

(i) the matter referred does not involve an allegation of corrupt conduct of a police officer or a person employed or engaged by the Commissioner of Police; or

(ii) the matter referred involves an allegation of improper conduct of a police officer or a person employed or engaged by the Commissioner of Police and the ICAC considers the ICAC has no good reason to maintain oversight of the matter;

(p) an agency of another Australian jurisdiction that has functions similar to those of the ICAC;

Inspector means the Inspector referred to in section 23 of the IEC Act.

Inspector staff, see section 3 of the IEC Act.

investigation means an investigation under Part 3, Division 5 including a joint investigation under section 38.

investigation report, see section 50(1).

irrelevant criminal record, see section 4(1) of the Anti‑Discrimination Act 1992.

item means a document or other thing.

judicial officer means any of the following:

(e) a judicial officer performing duties as the President or Deputy President of the Civil and Administrative Tribunal.

law enforcement agency means an entity, in the Territory or elsewhere in Australia, that has functions in relation to the investigation of offences or the prosecution of persons for offences.

local councillor means a member of a local government council.

member of ICAC staff means a person mentioned in section 123(1).

misconduct, see section 11.

misleading information means information that is misleading in a material particular or because of the omission of a material particular.

MLA means member of the Legislative Assembly.

nominated recipient, see section 97.

non-disclosure direction means a direction under section 147.

non-NT political party, for Part 7, see section 112A(1).

occurs, in relation to conduct, means the conduct is engaged in.

official information means information known to, or held by or on behalf of, a public officer or public body in relation to official functions, whether the information:

open session, for Part 5, Division 1, see section 78.

parliamentary privilege, see section 83.

perform a function includes exercise a power.

political opinion, affiliation or activity has the same meaning as in the Anti‑Discrimination Act 1992.

political party, see section 3 of the Electoral Act 2004.

premises includes:

prohibited reason, in relation to retaliation, see section 95(2).

proper officer, for Part 5, Division 2, see section 84.

protected action, see section 92.

protected communication, see section 93.

protected person:

(a) generally – means a person who takes or has taken protected action; and

(b) for retaliation – includes a person whom the person engaging in retaliation believes or suspects is taking or has taken protected action.

public body, see section 16(1).

public inquiry means an inquiry under Part 3, Division 6.

public officer, see section 16(2).

public resources, see section 14.

public statement means a statement by the ICAC under section 55.

recent political affiliation, for Part 7, see section 112A(2).

referral means a referral of a matter by the ICAC under Part 3, Division 4.

referral entity means any person or body identified in section 25 or 25A to whom or to which a matter may be referred.

report concerning recommendations means a report by the ICAC under section 58.

reportable donation, for Part 7, see section 112A(1).

representation, for Part 5, Division 1, see section 78.

responsible Minister, for a public body or public officer, means the minister having responsibility for the area or activity of government that is applicable to the public body or public officer.

Note for definition responsible Minister

See section 19(3) of the Interpretation Act 1978.

retaliation, see section 95.

retention notice, see section 71(1)(e).

search warrant, means a search warrant issued under section 68.

secured item, for Part 5, Division 2, see section 84.

subject of privilege, for Part 5, Division 2, see section 85.

superior Court means:

unsatisfactory conduct, see section 12.

victim, in relation to retaliation, see section 95.

Note for section 4

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.

(1) Without limiting the conduct to which this Act applies, this Act extends to the following:

(i) by a person who was a public officer at the time it was engaged in but who has since ceased to be a public officer; or

(ii) by an entity that was a public body at the time it was engaged in but that has since ceased to be a public body or has ceased to exist.

(a) the conduct is engaged in by a person or body with the authority to act on behalf of the public body; or

(b) the conduct occurs and a person or body with the authority to act on behalf of the public body expressly, tacitly or impliedly authorises or permits it to occur; or

(c) the conduct occurs and a corporate culture exists in the public body that directs, encourages, tolerates or leads to it occurring; or

(d) the conduct occurs and the public body has failed to create and maintain a corporate culture to deter or prevent it occurring.

Note for section 8

See also section 4, definitions conduct, engage in conduct and occurs.

(f) conduct (the secondary conduct) engaged in by any person in relation to conduct mentioned in paragraphs (a) to (e) (the primary conduct) as provided by subsection (2).

(2) For subsection (1)(f), secondary conduct is conduct that would constitute an offence against one of the following sections of the Criminal Code on the assumption that the primary conduct is an offence, whether or not the primary conduct is in fact an offence:

(3) Secondary conduct is taken to be the same type of improper conduct as the primary conduct to which it relates.

Examples for section 9

1 An attempt to engage in corrupt conduct would be improper conduct, whether or not the corrupt conduct is itself an offence.

2 An attempt to engage in corrupt conduct would also be corrupt conduct.

(1) Conduct is corrupt conduct if it is conduct engaged in by a public officer (whether or not the identity of the public officer is known) or by a public body:

(a) that constitutes an offence, whether in the Territory or elsewhere, for which the maximum penalty is imprisonment for a term of at least 2 years, with or without a fine; and

Note for subsection (1)(b)

See section 4, definition connected to public affairs.

(2) Conduct is also corrupt conduct if it is conduct engaged in by a public officer (whether or not the identity of the public officer is known):

(a) that constitutes reasonable grounds for dismissing or terminating the services of the public officer; and

(ii) failure to manage adequately an actual or perceived conflict of interest;

(iv) the illegal, unauthorised or otherwise inappropriate performance of official functions;

(vi) an adverse effect on the honest, impartial or effective performance of official functions by any public officer or public body or group of public officers or public bodies.

(3) Conduct is also corrupt conduct if it is conduct engaged in by a public body, a minister, an MLA or a local councillor:

(b) that involves a serious breach of public trust by the public body, minister, MLA or councillor.

(4) Conduct is also corrupt conduct if it is conduct engaged in by a person (whether or not a public officer or public body) that could impair public confidence in public administration and that involves any of the following:

(b) intentionally or recklessly providing false or misleading information in relation to an application for a licence, permit or other authority under an Act;

(d) assisting in, or dishonestly benefitting from, the misappropriation or misuse of public resources;

(e) dishonestly obtaining or retaining employment or appointment as a public officer.

(5) Conduct is also corrupt conduct if it is conduct engaged in by a person (whether or not a public officer or public body) that constitutes:

(a) an offence against Part IV, Divisions 1 to 5 of the Criminal Code; or

(i) that adversely affects, directly or indirectly, the honest, impartial or effective performance of official functions by any public officer or public body or group of public officers or public bodies; and

(6) For subsection (2)(c)(ii), conflict of interest includes the obtaining of a benefit by, or the causing of a detriment to, a person or body, including:

(b) placing the person or body in a stronger or weaker position in relation to a reasonably foreseeable future benefit or detriment.

(7) For subsection (4), in determining whether conduct could impair public confidence in public administration it is irrelevant whether or not the conduct is likely to become public knowledge.

(1) Conduct is misconduct if it is conduct engaged in by a public officer (whether or not the identity of the public officer is known) or by a public body:

(a) that constitutes an offence, whether in the Territory or elsewhere, for which the maximum penalty is:

(ii) imprisonment for a term of less than 2 years, with or without a fine; and

Note for subsection (1)(b)

See section 4, definition connected to public affairs.

(2) Conduct is also misconduct if it is conduct engaged in by a public officer other than a judicial officer (whether or not the identity of the public officer is known):

(a) that constitutes reasonable grounds for taking disciplinary action against the officer (short of dismissal or termination of appointment) or varying the terms of the officer's appointment; and

(3) Conduct is also misconduct if it is conduct engaged in by a judicial officer, the Director of Public Prosecutions, a public body, a minister, an MLA or a local councillor:

(i) for a judicial officer or the Director of Public Prosecutions – a breach of public trust; or

(ii) for a public body, minister, MLA or councillor – a breach of public trust not amounting to a serious breach of public trust.

(1) Conduct is unsatisfactory conduct if it is conduct engaged in by a public officer (whether or not the identity of the public officer is known) or by a public body:

(ii) the inappropriate or significantly inefficient use of public resources; or

(iii) substantial mismanagement in relation to the performance of official functions; or

(a) is conduct that would not be engaged in by a reasonable public officer or public body:

(i) having the skills and knowledge reasonably expected of a person or body with the role of the public officer or public body; and

(ii) having taken appropriate steps to obtain adequate resources, information and advice; but

(ii) that is a matter of policy about which reasonable public officers or public bodies may disagree.

(3) Despite subsection (1), unsatisfactory conduct does not include any conduct engaged in by a judicial officer in the performance of judicial functions.